רשלנות רפואית בישראל בתחום רפואת השיניים – ניתוח פסיקה לאיתור שיקולים יחודיים

The article refers to the uniqueness of the dentistry field in Israel compared to other branches of medicine, vis-à-vis medical malpractice claims. We compared the structure of the market and the training process, as well as a description of the changes that have taken place in recent years. A review of medical malpractice cases in dentistry between the years 2000 to 2019 (inclusive) was conducted. The main findings were compared to a parallel study published in 2018 and analyzed the ruling in malpractice cases in general medicine. Among other things, the data refers to the high rate of ruling against the defendants (72% vs. 48% in general medicine) and the share of medical expenses from the sum of compensation awarded (47% in dentistry, 14% in general medicine). We also examined the nature of the verdicts in small claims courts. In light of the high compensation component, we examined how medical expenses are compensated.Examination of the verdicts reveals in many cases a discrepancy between the specialization of the appointed expert that determines compensation rate and the area in which the trial deals. There is no price list from which the prices of the expected treatments are taken, and there is no uniform determination regarding the durability of the treatment over time.Therefore, the amount of compensation against future medical expenses is determined based on the assessment and personal experience of the specialist. As a result, compensation award sums are arbitrary. The Article suggests a uniform mechanism for determining the amount of compensation for medical expenses. Furthermore, the Article shows that in dentistry, widely adopted treatments may still be negligent. The article proposes to base the reasonableness standard on scientific studies and on the positions of trade unions, and not on the basis of the accepted treatment in the market.